LEUNG YUK LAN SUING BY THE OFFICIAL SOLICITOR, HER NEXT FRIEND v. LIANG CHENG RU AND ANOTHER

LEUNG YUK LAN SUING BY THE OFFICIAL SOLICITOR, HER NEXT FRIEND v. LIANG CHENG RU AND ANOTHER

Service was proved, defendants defaulted, and the pleaded facts established unlawful possession of the property and misappropriation of funds by the 1st defendant; accordingly judgment for the plaintiff was entered ordering delivery of vacant possession, an injunction, mesne profits at HKD13,000 per month from 10 February 2014, return of HKD471,000 and CNY5,000 with pre‑ and post‑judgment interest, delivery up of personal belongings and costs.

Citation
[2019] HKDC 228
Parties
Plaintiff (sued by the Official Solicitor as Next Friend): Leung Yuk Lan (梁玉蘭); 1st Defendant: Liang Cheng Ru (梁成汝); 2nd Defendant: All person(s) in occupation of the Property known as Flat No 16 (Formerly Flat No 1516), 15/F, Wai Lee Building, 997 King's Road, Hong Kong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 February 2019
Case Number
DCCJ3868/2018
Procedural Posture
Civil Action Possession, Mesne Profits and Restitution / Default Judgment (decision)
Outcome
Judgment entered for the plaintiff against both defendants ordering vacant possession, injunctions, mesne profits, delivery up of personal property, return of misappropriated funds with interest and costs.
Legal Topics
Vacant Possession, Mesne Profits, Constructive Trust, Fiduciary Duty, Guardianship Order, Delivery Up of Personal Property, Injunction, Assessment of Damages, Interest on Judgment, Service of Process
Source Language
EN
Property Law Trusts and Equity Guardianship Restitution Civil Procedure Injunctions Damages and Interest Vacant Possession +9 more

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Parties

Leung Yuk Lan (梁玉蘭)

Plaintiff (sued by the Official Solicitor as Next Friend)

Liang Cheng Ru (梁成汝)

1st Defendant

All person(s) in occupation of the Property known as Flat No 16 (Formerly Flat No 1516), 15/F, Wai Lee Building, 997 King's Road, Hong Kong

2nd Defendant

Procedural Posture

Civil Action Possession, Mesne Profits and Restitution / Default Judgment (decision)

Legal Issues

  1. 1 Whether service was valid
  2. 2 Whether default judgment could be entered on pleaded facts only
  3. 3 Whether the defendants were entitled to remain in possession of the Property

Ratio Decidendi

Service was proved, defendants defaulted, and the pleaded facts established unlawful possession of the property and misappropriation of funds by the 1st defendant; accordingly judgment for the plaintiff was entered ordering delivery of vacant possession, an injunction, mesne profits at HKD13,000 per month from 10 February 2014, return of HKD471,000 and CNY5,000 with pre‑ and post‑judgment interest, delivery up of personal belongings and costs.

Court Disposition

Judgment entered for the plaintiff against both defendants ordering vacant possession, injunctions, mesne profits, delivery up of personal property, return of misappropriated funds with interest and costs.

Orders

  • The defendants do forthwith deliver vacant possession of the Property to the plaintiff.
  • A declaration that each of the defendants is not entitled to enter the Property.